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SB2393
THE SENATE
S.B. NO.
2393
THIRTY-THIRD LEGISLATURE, 2026
STATE OF HAWAII
A BILL FOR AN ACT
relating
to workers' compensation
.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
.
�
Section 386-21.2, Hawaii Revised Statutes, is
amended to read as follows:
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"
[
[
]�386-21.2[
]
]
�
Treatment plans.
�
(a)
�
A physician may transmit a treatment plan to an employer by mail or
facsimile; provided that the physician shall send the treatment plan to an
address or facsimile number provided by the employer.
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(b)
�
Beginning January 1, 2021, an employer shall allow a physician to
transmit a treatment plan to an employer by mail, facsimile, or secure
electronic means; provided that the physician shall send the treatment plan to
an address or facsimile number provided by the employer.
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(c)
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A treatment plan shall be deemed received by an employer when the plan
is sent by mail or facsimile with reasonable evidence showing that the
treatment plan was received.
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(d)
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An employer shall file a response with the
director, either accepting or objecting to the treatment plan, within seven
days after the treatment plan is deemed received by the employer pursuant to
subsection (c).
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In addition to any other
applicable fines, an employer who fails to file a response within the seven-day
period shall be fined $500.
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[
(d)
]
(e)
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A treatment plan shall be deemed accepted if
an employer fails to file with the director[
:
]
, with a copy to the
physician and the injured employee:
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(1)
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An objection to
the treatment plan;
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(2)
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Any applicable
documentary evidence supporting the denial; and
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(3)
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A copy of the
denied treatment plan,
[
copying the physician and the injured employee.
]
within seven days of receipt of the treatment plan pursuant to subsection
(d).
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[
(e)
]
(f)
�
After acceptance of the treatment plan, an
employer may file an objection to the plan if new documentary evidence
supporting the denial is received by the employer."
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SECTION
2.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.
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SECTION 3.
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Statutory material to be repealed is
bracketed and stricken.
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New statutory
material is underscored.
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SECTION 4.
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This Act shall take effect upon its approval.
INTRODUCED BY:
_____________________________
Report Title:
Workers'
Compensation; Treatment Plan; Response; Penalty
Description:
Requires
an employer to file a response, either accepting or objecting to a treatment
plan, within seven days of receipt.
�
Imposes a monetary penalty if an employer does not file a response
within the seven-day period.
�
Clarifies
that a treatment plan is deemed accepted if an employer fails to file certain
documents within the seven-day period.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.